Jhon Edgar L.

Ipan
Transportation Law - A

TABLE OF ACTIONS

AGAINST COMMON ON THE DRIVER’S PART

CARRIER

CAUSES OF ACTION OF Based on culpa contractual Based on either culpa

PASSENGER AND or culpa aquiliana delictual or culpa aquiliana
SHIPPER ---------------
Elements of Cause of
Action (Culpa Contractual):
(a) Allege the presence of
the contract
(b) Damage or injury to the
plaintiff

CARRIER’S RIGHT OF
RECOURSE

The carrier may be

compelled to pay damages
for the loss or damage to
the goods or passengers
has the right of recourse
against the employee who
committed the negligent,
intentional, or fraudulent
act.

CULPA CONTRACTUAL CULPA AQUILIANA

SOURCE OF Source is contract Source is quasi-delict

OBLIGATION

LIABILITY OF There is no liability Solidary liability with the

EMPLOYEE because there employer
is no privity
of contract.

AVAILABILITY OF Due diligence in the Due diligence in the

DEFENSE selection and supervision selection and supervision
 of the employee is NOT a
defense.
IN WHAT CAPACITY Liable as a contracting
LIABLE party
ILLUSTRATION:
X, INC. - PUBLIC UTILITY
COMPANY
Y - BUS DRIVER,
RECKLESSLY DRIVING
Z - PASSENGER
(VILLANUEVA, 2018)
CULPA CONTRACTUAL CULPA AQUILIANA
A case based on culpa Damage caused to another
contractual will be due to negligence. The
captioned “ Passenger Z v. case will be entitled
X, Inc.” since the contract “Passenger Z v. X, Inc. and
between them, and the Driver Y” and the
cause of action is breach defendants will be
of contract. Driver Y is not solidarily liable as joint
to be included as a party, tortfeasors.
since there is no privity as
to him.
of the employee is a
DEFENSE under Art.
2180.
Liable as an employer
CULPA CRIMINAL
Driver Y’s negligence may
amount to a crime:
reckless imprudence
resulting in physical
injuries. The case will be
entitled “People v. Driver
Y” and if the latter is
convicted but is insolvent,
an action can be pursued
by Passenger Z against X,
Inc. to enforce the latter’s
subsidiary liability.